Alimony - Spousal Support
Factors:
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Age of the parties;
Health and physical condition of the parties;
The earning capacity of the parties;
Present income of the parties; and
The jurisdiction of the marriage (in some jurisdictions).
When divorce statutes were fault-based, there were two additional
factors courts considered: (1) degree of fault and (2) maintenance of
status.
Enforement:
All methods of civil enforcement are available PLUS
- contempt of court.
- imprisonment if willful and in bad faith.
- ineligibility for all sorts of government benefits.
- ineligibility for professional licenses and
government jobs.
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Types of Alimony
Permanent Alimony
- Despite the name, this is usually awarded only for a set
period of time.
Temporary Alimony
- Awarded temporarily during the divorce proceeding to tide
the spouse over until permanent alimoy can be awarded.
Rehabilitative Alimony
- A form of alimony awarded to allow a spouse to get
education or training to allow him/her to become selfsufficient.
“Palimony”?
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Financial Aspects of Divorce
Property Division => community property laws
 Separate property => acquired before/after marriage, gift, inheritance.
 Community (marital) property => acquired during the marriage; each
own 50/50 regardless of who provided the money or whose name
assets in.
Community Property States => [Nine states have community property laws]
 Arizona,
 California,
 Idaho,
 Louisiana,
 Nevada,
 New Mexico,
 Texas,
 Washington, and
 Wisconsin.
 In addition, Puerto Rico is a community property jurisdiction.
Property Division => equitable distribution
 Separate property => acquired before marriage, gift,
inheritance—returned to owner
 Equitable distribution marital property => based on factors
o Age
o Length of the marriage
o Occupation and income
o Needs and contributions of the party in acquiring
property
o Alimony awarded
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Intangible Property
The principal areas of intangible property are:
 professional degrees and licenses;
 goodwill of a business; and
 pension rights.
Professional degrees:
 Majority view => should not be considered marital property and
therefore not subject to equitable distribution.
 Minority view (e.g., New York) => New York Court of Appeals
classified a professional license (i.e. increased future earning
potential) as marital property in 1985.
 UMDA => a professional degree is not property and therefore not
subject to equitable distribution upon divorce.
“Profession goodwill” => the enhanced earning capacity that comes from a
professional’s reputation, and client or customer list.
Pension rights: marital property that can be divided.
Qualified domestic relations order (“QDRO”): document needed to
distribute pension benefits until the beneficiary spouse actually begins
receiving benefits (deferred distribution) vs. immediate distribution.
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